NAVA v. WELLS FARGO HOME MORTGAGE, 2:16-cv-02175-SJO-RAO. (2016)
Court: District Court, C.D. California
Number: infdco20160829668
Visitors: 7
Filed: Aug. 26, 2016
Latest Update: Aug. 26, 2016
Summary: DEFENDANT NDeX WEST, LLC'S JUDGMENT OF DISMISSAL S. JAMES OTERO , District Judge . On July 6, 2016, this Court entered an Order [Doc. 32] granting the Motion to Dismiss the First Amended Complaint ("FAC") in this action that was filed by defendant Wells Fargo Bank, N.A. ("Wells Fargo"), and joined by defendant NDeX West, LLC ("NDeX"). Said Order dismissed all claims without leave to amend, except the fourth claim for declaratory relief and the eighth claim under section 17200. On Ju
Summary: DEFENDANT NDeX WEST, LLC'S JUDGMENT OF DISMISSAL S. JAMES OTERO , District Judge . On July 6, 2016, this Court entered an Order [Doc. 32] granting the Motion to Dismiss the First Amended Complaint ("FAC") in this action that was filed by defendant Wells Fargo Bank, N.A. ("Wells Fargo"), and joined by defendant NDeX West, LLC ("NDeX"). Said Order dismissed all claims without leave to amend, except the fourth claim for declaratory relief and the eighth claim under section 17200. On Jul..
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DEFENDANT NDeX WEST, LLC'S JUDGMENT OF DISMISSAL
S. JAMES OTERO, District Judge.
On July 6, 2016, this Court entered an Order [Doc. 32] granting the Motion to Dismiss the First Amended Complaint ("FAC") in this action that was filed by defendant Wells Fargo Bank, N.A. ("Wells Fargo"), and joined by defendant NDeX West, LLC ("NDeX"). Said Order dismissed all claims without leave to amend, except the fourth claim for declaratory relief and the eighth claim under section 17200. On July 22, 2016, plaintiffs filed a voluntary dismissal of the eighth and ninth causes of action without prejudice pursuant to FRCP 41(a)(1)(A)(i) [Doc. 34]. In light of the obvious discrepancy in the claim numbers, as clearly briefed in Wells Fargo's [Proposed] Judgment of Dismissal [Doc. 36-1], the Court should treat plaintiffs' voluntary dismissal as effective only to the fourth and eighth claims in the FAC.
Accordingly:
IT IS SO ORDERED, ADJUDGED, AND DECREED.
1. The First Amended Complaint is dismissed, with prejudice, as to the first, second, third, fifth, sixth, seventh, ninth, and tenth claims for relief.
2. The First Amended Complaint is dismissed, without prejudice, as to the fourth and eighth claims for relief.
3. Judgment is hereby entered in favor of Defendant NDeX West, LLC, and against Plaintiffs.
4. Plaintiffs shall take nothing by way of the claims in their First Amended Complaint against Defendant NDeX West, LLC.
Source: Leagle
